IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

215 CRM-M-59962-2025 (O&M).

Date of decision: 19.01.2026.

GURCHARAN SINGH ALIAS CHAND ...Petitioner(s)

VERSUS STATE OF PUNJAB ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. P.S. Ahluwalia, Sr. Advocate, with Mr. Deepinder Singh Virk, Advocate, for the petitioner.

Mr. Mohit Kapoor, Sr. DAG, Punjab. VINOD S. BHARDWAJ, J. (Oral)

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail to the petitioner in case bearing FIR No.24 dated 02.02.2025, under Section(s) 21, 23, 21 (c), 27-A, 29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Chheharta, Amritsar.

Briefly summarized, the aforesaid FIR was registered on the basis of secret information received by ASI Kanwaljit Singh. The same reads thus: -

“Today I the ASI along with ASI Kewal Krishan 938, ASI Charanjit Singh 1485, Ct. Vishavpartap Singh 2411, L/Ct. Asha Kumari 1933 was present in Chowk Naraingarh G.T. Road, Chheharta Amritsar in official vehicle Bolero of Silver color No. PB65-E-1953 driven by ASI Amar Singh 3146, together with laptop, printer, investigation kit and arms and ammunition in connection with patrolling and search of anti social elements that secret informer came present and informed that Mantej Singh son of Baljinder Singh resident of village Burj Police Station Sarai Amanat Khan, Tarn Taran do the business of selling heroin, who is in contact with drug smugglers sitting in Pakistan and gets requisitioned caches of heroin from Pakistan in border districts of Punjab through drone and supplies in different areas of Amritsar City and other districts of Punjab. Today Mantej Singh aforesaid is standing on motor cycle Splendor of black color at turning of Ghanupur Kale Bye-pass Road waiting for some customer to supply heroin, who is wearing black color sweater and black color lower and has tied muffler on his head and if raid is conducted immediately at turning of Ghanupur Kale Bye-pass, then Mantej Singh aforesaid can be apprehended together with motor cycle and heavy quantity of heroin can be recovered from him.”

Learned Senior counsel appearing on behalf of the petitioner contends that pursuant to the receipt of secret information, suspect Mantej Singh was nabbed by the police.

The police proceedings consequent upon registration of the FIR reads thus: -

“ASI Kanwaljit Singh along with accompanying officials reached Bye-pass India Gate, where Inspector Amolakdeep Singh Incharge C.L.A. Staff-I, Amritsar along with gunmen staff met, who were joined in police party and ASI Kanwaljit Singh along with accompanying officials proceeded to the site disclosed by secret informer. When ASI Kanwaljit Singh along with accompanying officials reached turning of Ghanupur Kale Bye-pass, then a young man as described by secret informer was seen sitting on motor cycle Hero Honda Splendor of black color by parking the motor cycle on stand and one white color weighing polythene bag was lying on tank of motor cycle and on seeing the police party, he suddenly got perplexed and tried to start the motor cycle. I the ASI with the help of accompanying officials overpowered him and inquired his antecedents, who disclosed his name as Mantej Singh son of Baljinder Singh resident of village Burj 169, Police Station Sarai Amanat Khan, District Tarn Taran. Then ASI while informing about his identity to above said persons stated, "1 ASI Kanwaljit Singh, am posted in CIA Staff-1 Amritsar and I am wearing uniform and name plate of my name is affixed on my uniform. I have got concrete information that you are having heroin and therefore, it is necessary to conduct your search and search of your motor cycle, but you have a legal right that you can get conducted your search through some Magistrate or some Gazette Officer, which I can arrange." At this, Mantej Singh aforesaid replied that he wanted to get condu